{"data":{"id":"us-ky/krs-224.80-190","jurisdiction":"us-ky","citation":"KRS 224.80-190","heading":"Amendment or termination of environmental covenant -- Assignment of","body":"holder's rights.\n(1) (a) Except as provided in paragraph (b) of this subsection, an environmental\ncovenant may be amended or terminated by consent only if the amendment or\ntermination is requested as a modification to the corrective action plan\napproved by the cabinet, and only if the amendment or termination is signed\nby:\n1. The cabinet;\n2. The current owner of the fee simple of the real property subject to the\ncovenant;\n3. Each person that originally signed the environmental covenant or that\nperson's heirs, assigns, or transferees unless:\na. The person or the person's heirs, assigns, or transferees waived in a\nsigned document the right to consent; or\nb. A court finds that the person no longer exists or cannot be located\nor identified with the exercise of reasonable diligence; and\n4. The holder, except as otherwise provided in subsection (4)(b) of this\nsection.\n(b) The consent of a holder or of persons identified in paragraph (a )3. of this\nsubsection shall not be required for an amendment that has the sole effect of\nremoving or reducing a land use restriction in an environmental covenant, if\nthe cabinet determines that the restriction is no longer necessary to protect\nhuman healt h or the environment as a result of corrective action performed\nunder a plan approved by the cabinet, and the requirements of subsection (6)\nof this section have been satisfied.\n(2) If an interest in real property is subject to an environmental covenant, the interest\nshall not be affected by an amendment of the environmental covenant unless:\n(a) The current owner of the interest consents to the amendment; or\n(b) The current owner of t he interest has waived in a signed record the right to\nconsent to the amendments.\n(3) Except for an assignment undertaken pursuant to a governmental reorganization,\nassignment of an environmental covenant to a new holder shall be deemed an\namendment of the environmental covenant.\n(4) Except as otherwise provided in an environmental covenant:\n(a) A holder may not assign its interest without consent of the other parties to the\nenvironmental covenant specified in subsection (1) of this section; and\n(b) A holde r may be removed and replaced by agreement of the other parties\nspecified in subsection (1) of this section.\n(5) A court of competent jurisdiction may fill a vacancy in the position of the holder.\n(6) (a) When the cabinet determines that corrective action performed under a cabinet-\napproved plan has eliminated the environmental conditions necessitating a\nland use restriction in an environmental covenant, the cabinet shall issue a\nproposed determination authorizing the amendment of the covenant to remove\nor reduce the restriction.\n(b) The cabinet shall provide written notice of the proposed determination and the\nproposed amended covenant to the holder and to all persons identified in\nsubsection (1)(a)2. and 3. of this section. The notice shall advise recipient s\nthat any objection to the proposed amended covenant must be filed with the\ncabinet within thirty (30) days of receipt and must state in writing with\nreasonable specificity the legal or technical basis for maintaining the\nrestriction.\n(c) If no objection is submitted within thirty (30) days, the cabinet shall issue a\nfinal determination approving the amendment, and the amendment shall be\neffective upon recordation.\n(d) If a timely objection is submitted, the cabinet shall consider the objection and\nissue a final written determination within forty-five (45) days of the receipt of\nthe objection. The cabinet's final determination shall approve, modify, or deny\nthe proposed amendment.\n(e) Once the cabinet's final determination has been made, the objector shall have\nthirty (30) days to seek judicial review of the final determination by filing an\naction in the Franklin Circuit Court. In the proceeding, the burden shall be on\nthe objector to demonstrate that the removal or reduction of the restriction\nwould adverse ly affect human health or the environment. If the objector is\nunsuccessful in the proceeding, the proposed amendment shall be effective\nupon recordation.\n(f) If no action for judicial review is filed within thirty (30) days of the cabinet's\nfinal determination, the right to challenge the proposed amendment shall be\nwaived and the proposed amendment shall be effective upon recordation.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56768","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:42Z","sha256":"7e74880931413411fcd49b677d7414b15e6e2dc88ab056a0044866c80f8f7ec6","source_id":"us-ky","stale":false,"prev":"us-ky/krs-224.80-180","next":"us-ky/krs-224.80-200"},"notice":"GroundRules: Original legal text. Not legal advice."}